Smith v. Commonwealth
2013 Ky. LEXIS 296
| Ky. | 2013Background
- Michelle Smith pled guilty (Sept. 2009) to Possession of Drug Paraphernalia (PDP), Second Offense, and received a five-year pretrial diversion under a plea agreement.
- At plea time the offense was a Class D felony (1–5 years). In April 2010 the legislature reclassified a second/subsequent PDP as a Class A misdemeanor (90 days–12 months).
- Smith violated the diversion (Oct. 2010) by pleading guilty to DUI and faced a diversion revocation/sentencing hearing seven months after the statutory change.
- At sentencing Smith asked the trial court to apply the new, mitigated PDP penalty (or continue diversion); the trial court voided diversion and imposed the older felony sentence.
- The Kentucky Court of Appeals affirmed on different grounds; the Supreme Court of Kentucky granted discretionary review and reversed, vacating the sentence and remanding for resentencing consistent with the new law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mitigating statutory change to PDP should apply at sentencing after diversion revocation | Smith: No final judgment existed at plea; sentencing occurred after the statute reduced penalty, so the mitigation should apply retroactively | Commonwealth/Trial court: Court may void diversion and impose sentence under the law in effect at time of plea; KRS 446.110 limits retroactivity | Court: No final judgment had been entered while on diversion; KRS 446.110 permits applying a mitigating new law at proceedings after the law takes effect with the defendant's consent, so mitigation must be applied; vacate sentence and remand |
Key Cases Cited
- Commonwealth v. Morseman, 379 S.W.3d 144 (Ky. 2012) (plea agreements treated as contracts and interpreted under contract principles)
- Covington v. Commonwealth, 295 S.W.3d 814 (Ky. 2009) (plea agreements governed by contract law)
- Commonwealth v. Reyes, 764 S.W.2d 62 (Ky. 1989) (plea agreements are constitutional contracts and construed with constitutional rights in mind)
- Commonwealth v. Derringer, 386 S.W.3d 123 (Ky. 2012) (no final judgment while defendant is on pretrial diversion; sentencing occurs only if diversion is revoked)
- Kentucky Public Service Comm’n v. Commonwealth ex rel. Conway, 324 S.W.3d 373 (Ky. 2010) (standard: questions of law reviewed de novo)